§ 0.442   Disclosure to other Federal government agencies of information
submitted to the Commission in confidence.

   (a) The disclosure of records to other Federal government agencies is
   generally governed by the Paperwork Reduction Act, 44 U.S.C. 3510,
   rather than the Freedom of Information Act. The acceptance of materials
   in confidence under § 0.457 or § 0.459, or any other statute, rule or
   Commission order, does not preclude their disclosure to other federal
   agencies.

   (b) Information submitted to the Commission in confidence pursuant to
   § 0.457(c)(2) and (3), (d) and (g) or § 0.459, or any other statute, rule
   or order, may be disclosed to other agencies of the Federal government
   upon request or upon the Commission's own motion, provided:

   (1) Specific Commission assurances against such disclosure have not
   been given;

   (2) The other agency has established a legitimate need for the
   information;

   (3) Disclosure is made subject to the provisions of 44 U.S.C. 3510(b);
   and

   (4) Disclosure is not prohibited by the Privacy Act or other provisions
   of law.

   (c) The Commission's staff may give assurances against disclosure of
   information to other Federal agencies only with the prior written
   approval of the General Counsel. In no event will assurance against
   disclosure to other agencies be given in advance of submission of the
   information to the Commission if submission is required by statute or
   by the provisions of this chapter; but the notice provisions of
   paragraph (d) of this section will apply to such required submissions.

   (d)(1) Except as provided in paragraphs (d)(2) and (d)(3) of this
   section, a party who furnished records to the Commission with a request
   for confidential treatment, see § 0.459, will be notified at the time
   that the request for disclosure is submitted and will be afforded ten
   calendar days in which to submit an opposition to disclosure. This
   notification may be made either individually or by public notice.

   (2) If the agency requesting the records provides in writing to the
   satisfaction of the Commission that notice to the party who furnished
   the records to the Commission will interfere unduly with its law
   enforcement, national security or homeland defense activities and
   further states that it will notify that party of the Commission's
   disclosure once the potential for such interference is eliminated, the
   Commission will not give notice of disclosure.

   (3) A party who furnished records to the Commission in confidence will
   not be afforded prior notice when the disclosure is made to the
   Comptroller General of the United States, in the Government
   Accountability Office. Such a party will instead be notified of
   disclosure of the records to the Comptroller General either
   individually or by public notice.

   (4) If disclosure is opposed and the Commission decides to make the
   records available to the other agency, the party who furnished the
   records to the Commission will be afforded ten calendar days from the
   date of the ruling to move for a judicial stay of the Commission's
   action. If the party does not move for stay within this period, the
   records will be disclosed.

   (e) Except as provided in paragraph (d)(3) of this section, nothing in
   this section is intended to govern disclosure of information to
   Congress or the Comptroller General.

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